GENERAL TERMS AND CONDITIONS

The terms and conditions of this Service Guide are subject to modification upon 30 days prior written notice to Customer (“Notice”).  CSS will provide any such Notice to Customer by one of the following methods, and CSS shall solely determine at the time of the Notice which of the methods described here is appropriate under the circumstances: (i) by bill insert or bill page notice; or (ii) via an email to Customer’s billing and/or technical contact of record.  CSS may determine that it is appropriate under certain circumstances to provide Notice of a particular change via more than one of these methods; however, such multiple Notices are not required at any time.  Customer’s continued usage of or payment for any such affected Service after the effective date of any modification for which Customer has received Notice shall be deemed Customer’s acceptance of the modification(s).

 

CUSTOMER SITE READINESS REQUIREMENTS

o   Local Contact (LCON) – The party ordering service from CSS must provide a local contact’s name and phone number with whom the CSS representative or its affiliates can speak regarding scheduling the initial site survey & following installation, building access and problem resolution, should the need arise. In order for CSS to confirm the firm provisioning interval, the LCON must:

  • Be familiar with the location where service has been requested

  • Have decision making power to address the service requirements requested

  • Have the authority to confirm the ready date for all requirements that are responsibility of the customer

Note: For resale orders, Customer is responsible for coordinating its end user’s compliance with the site readiness requirements listed herein and ensuring that the end user meets those requirements on a timely basis in order to avoid service order delays.

o   Fiber Cable Supporting Structure – A clear underground or aerial path is required from the property line where CSS facilities exist, to the telephone equipment room to support the entrance fiber. For example, if conduit is used: A 2" or 4" conduit with pull tape is required from the property line to the minimum point of entry as will be identified during the initial site survey. Minimum 3' sweeping radius - no right angles - no more than three 90° turns without a pull box. Paths longer than 300' or with two or more 90 degree turns will require a pull box. Minimum Dimensions for an in-ground pull box is 17"×30"×24" deep or 12"×12"×6" deep for other applications 

o   Cable Route - A clear path with conduit or cable tray needs to be provided from the point of entrance to the demarcation location where the equipment will be placed (if applicable).

o   Power – Customer is required to provide a single standard 3 prong 120V AC, 15Amp dedicated receptacle for the equipment being installed.

o   Grounding - place new #6 ground wire bonded to an MGN (except in CA) or UFER Ground terminated to a grounding bus bar

o   Wall Backboard – 4’ x 8’ x 3/4” Fire rated Plywood fastened to studs. In some instances, at Customer request, alternate arrangements can be used in lieu of the wall backboard, i.e. racks, shelves, etc. This alternate arrangement must be discussed with the CSS representative during the initial survey.

The Customer must have the site ready by the Firm Order Commitment (FOC) Date to avoid any delays in providing the requested service. If delays are anticipated, the customer should contact their CSS representative as soon as they are aware of the problem, so CSS work forces can be re-scheduled.

 

CUSTOMER NOT READY (CNR)

If on the FOC Date, Customer is not ready to use the Service (“CNR”) for any reason, including but not limited to, power or interconnecting facilities at the Customer site being unavailable, the unavailability of services or other products provided by a party other than CSS, or Customer not providing the necessary access to the Customer location, Customer will promptly either accept for billing or cancel (under Section 10) and re-order the portion(s) of the Service that are ready for activation.  If Customer will not be ready to accept the Service on the FOC Date, Customer must advise CSS in writing to access@consolidatedsmart.com  at least five (5) business days prior to the FOC Date.  Upon receipt of timely notice from Customer, CSS will attempt to change the Order with the underlying carrier.  Customer will be liable for payment of any applicable change fees as set forth in the Service Guide.  If CSS is unable to change the Order with the underlying carrier or if Customer fails to provide the required notice and is not ready to accept Service on the FOC Date and Customer chooses not to cancel the Service, Customer will be liable for payment of a monthly CNR fee which will be equal to the Monthly Reoccurring Charge (MRC) for the Service.  Customer will be liable for payment of the CNR fee until such time that Customer is ready to accept Service & Service billing commences.  CSS reserves the right to cancel the Service at any time on or after the LEC FOC Date and charge Customer the applicable cancellation fee for the Service in addition to the CNR Fee (if applicable) up until the time of cancellation.

 

MISCELLANEOUS CHARGES

Description of Service or Service-Related Event       NRC

  • Payment Rejection fee, as when credit card is rejected, or check is dishonored - $50 (or legal limit, whichever is less)

  • Restoration of Service Fee - $500, payable when balance is cleared

  • Credit Card Processing Fee - 3.5% or legal limit, whichever is less

 

SERVICE AVAILABILITY

CSS uses a variety of proprietary and vendor provided service availability tools to determine access technology and bandwidth availability for each service address on each Service Order.  Once CSS begins processing a Data Service order for a specific service location, it may be determined that a specific access technology or bandwidth option is not available or requires additional costs.  CSS will notify Customer in writing of changes to service availability, access technology or additional cost prior to the implementation of the Data Service for that service location.  Depending on the changes required, Customer may approve the change of service by email response to CSS or by working with the CSS to provide authorization via a new Service Order for the effected service location.  If Customer does not agree to the changes or additional cost, Customer has the right to cancel the order for the service location without charge or penalty.  If the customer does not respond within 10 calendar days of CSS’s notice of changes to service availability or cost, CSS will cancel the Service Order for the specific service location.

CUSTOMER PREMISES EQUIPMENT

The term Customer Premises Equipment (“CPE”) refers to all items of equipment provided by CSS or its affiliates installed at Customer’s Premise required for service delivery.  CPE includes appropriate licenses to use related software provided in connection with CPE and all parts, cables, repairs, additions and accessories to CPE.

 

DELIVERY OF CPE

CSS will use reasonable efforts to deliver CPE to Customer according to a mutually-agreed schedule.  All delivery dates provided by CSS are approximate and are based on the then current lead-times and available inventory. CSS will not be liable for failure to meet delivery or installation completion dates.

CSS will pay for the shipment of CPE to Customer’s designated site(s) in the United States set forth in the Order. If Customer is not ready to accept delivery at the designated site, Customer must notify CSS at least thirty (30) days before the delivery date to avoid special handling charges.

CSS will provide telephone-based installation assistance to Customer and/or Customer’s designated technician(s).

 

Termination and Loss:

Upon termination/expiration of any Service, or when Customer replaces/upgrades CPE, Customer must return terminated or replaced/upgraded CPE to CSS at Customer’s own expense within 15 days of termination or replacement/upgrade. CSS will provide Customer with return instructions. Customer must deliver CPE to CSS in the same condition as it was when first delivered to Customer, normal wear and tear excepted, and give CSS written notice of such return. If CPE is not returned Customer will be invoiced for the unreturned CPE at the full replacement cost of the applicable CPE.

If any CPE, in whole or in part, is lost, stolen, damaged, or destroyed, or is taken in any condemnation or similar proceeding (an “Event of Loss”), Customer will immediately notify CSS.  Customer must immediately restore the affected CPE to good condition and working order, replace the affected item with identical CPE and software in good condition and transfer clear title and any sublicense to CSS, or Customer will be invoiced for the full replacement cost of the applicable CPE.

CSS may invoice and collect from Customer all charges due under this section as a single amount.  Customer may not sell or transfer title to any CPE without the express written consent of CSS.

 

TITLE, PERSONAL PROPERTY AND UCC’S

Title and Personal Property. CSS will have title to CPE. Customer acquires only the opportunity to use CPE for the Term. CPE will at all times remain personal property regardless of its manner of attachment. CSS may, at its own expense, affix plates or markings to CPE indicating CSS’s ownership interest. Customer may not remove such plates or markings. Customer, at its own expense, will at all time keep CPE free and clear of all liens and encumbrances except for those arising through CSS, and otherwise cooperate to defend CSS’s interest in CPE and to maintain the status of CPE as personal property. As between CSS and Customer, Customer will bear the entire risk of loss, theft, casualty, destruction or damage to the CPE following its delivery to Customer, from any cause whatsoever (collectively, “CPE Loss”), until returned to CSS. Customer will indemnify, defend and hold harmless CSS, its affiliates, and contractors for any CPE Loss.  Customer agrees to advise CSS in writing within five (5) business days of any CPE Loss at: access@consolidatedsmart.com.  In no event will CPE Loss relieve Customer of the obligation to pay CSS any amounts due hereunder.

MAINTENANCE

Customer shall allow CSS reasonable access to the CPE.  If CSS CPE requires maintenance or repair, CSS or its independent contractors/agents shall either arrange to repair the CPE at Customer’s premises or ship an equivalent pre-configured replacement to Customer. Customer shall return any faulty CPE to CSS within ten (10) days of receiving the replacement equipment or Customer will be invoiced for the effected CPE replacement cost.

Customer shall reimburse CSS, on a time and materials basis as documented in an invoice, for the entire cost to repair and/or replace any of the CPE in the event that CPE requires replacement due to (a) misuse, (b) failure to exercise reasonable care, (c) altering original CSS configuration, (d) damage, (e) theft, or (f) disaster. Any service interruptions due to equipment repair or replacement due to (a) misuse, (b) failure to exercise reasonable care, (c) altering original CSS configuration, (d) damage, (e) theft, or (f) disaster, for any CSS provided product will not be eligible for service outage credits under the applicable service level agreement(s).

 

WARRANTY AND DISCLAIMERS

CSS PROVIDES CPE “AS IS.” CSS DOES NOT WARRANT THAT THE OPERATION OF CPE WILL BE UNINTERRUPTED OR ERROR FREE. CSS MAKES NO EXPRESS OR IMPLIED WARRANTIES FOR CPE INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHERWISE.  TO THE EXTENT THAT ARTICLE 2A OF THE UCC APPLIES TO AN ORDER AND CUSTOMER HAS CERTAIN RIGHTS THEREUNDER AND TO THE EXTENT PERMITTED BY LAW, CUSTOMER WAIVES ANY RIGHTS OR REMEDIES IT MAY HAVE UNDER UCC ARTICLE 2A-508 THROUGH 5-222 INCLUDING, WITHOUT LIMITATION, RIGHTS OF REJECTION, REVOCATION, CANCELLATION, RETENTION OF SECURITY INTERESTS, AND RECOVERY FOR BREACH OF WARRANTY (EXCEPT TO THE EXTENT CUSTOMER IS SPECIFICALLY GRANTED ANY RIGHTS IN AN ORDER).

ADDITIONAL LIMITS OF LIABILITY

If CPE contains a firewall or other security features, CSS makes no warranty, guarantee, or representation, express or implied, that all security threats and vulnerabilities will be detected or that the performance of the Services will render Customer’s systems invulnerable to security breaches.  Customer is responsible for Customer’s own network security policy and security response procedures.